I am in a dilemma and desperately need good advice on my next course of action.
This lady in Quincy, MA posted an ad on craigslist for room rent in her house. i visited it, and decided to rent it. she asked for first and last months rent and security deposit, for which i wrote a her check. she agreed to draw up an agreement and give it to me later. so there was no written documentation when i moved in, except for this check of $1758 that i gave her (and i had indicated on it that it was for first and last month's rent and security dep).
the very next day i moved out due to some personal reasons, and called my bank to put a stop payment order on the check. I talked to her, she seemed pretty nice and agreed that if in case the payment does go through, then she will return me the money. and so i wrote her another check, paying her for one day's lodging at her place.
now, a week later, i found out that the check had actually gone through, and the money is now in her account. and when i inquired at my bank i was told that the landlady had actually deposited the check electronically, and so there is nothing the bank can do.
i have been trying to reach her by phone and email, but now she seems lost. she is not responding at all. i don't know her well, just where she stays.
i left so many messages too, but still no response from her.
Can you please advice me what I should do now? I am a student, unemployed and cannot afford legal costs.
thanks.
Editor's Response
Assuming you were in a month to month tenancy, you are going to owe her some of the money she has in her account, because you did not give proper thirty day's notice. The question is: how much? You need to read through some of the posts on this and other sites to make that determination. For example, the landlord has an obligation to make a good faith effort to find a replacement tenant. If she does find a tenant, you may be entitled to your last month's rent and security deposit back (assuming you did no damage to the unit.)
If the landlady will not talk to you, then you will likely have to send a demand letter and then go to court (if she does not agree to refund your money). Fortunately, Housing Court is very friendly to non-lawyers and there are Housing Specialist to serve as mediators. Good luck.